TECHNICAL SPECIFICATIONS FOR WASTEWATER TREATMENT PLANT SECONDARY CLARIFIER LAUNDER COVER IMPROVEMENTS FOR THE CITY OF NIXA, MISSOURI

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1 TECHNICAL SPECIFICATIONS FOR WASTEWATER TREATMENT PLANT SECONDARY CLARIFIER LAUNDER COVER IMPROVEMENTS FOR THE CITY OF NIXA, MISSOURI June, 2015 PREPARED BY: SHAFFER & HINES, INC. CONSULTING ENGINEERS & SURVEYORS 729 W. Mt. Vernon - P.O. BOX 493 NIXA, MISSOURI (417) , Fax: (417)

2 ADVERTISEMENT FOR BIDS Separate sealed bids will be received by the City of Nixa until 2:00 p.m., July 29, 2015 at the City of Nixa Public Works Department, 1111 Kathryn St., Nixa, MO for the construction of Wastewater Treatment Plant Improvements. At said time and place and promptly thereafter, all bids that have been duly received will be publicly opened and read aloud. The work consists of: Providing effluent launder covers at two existing 105 diameter secondary clarifiers located at the City s wastewater treatment plant. Project drawings, specifications and related bidding documents are available on-line at or by calling Demandstar by Onvia at (800) If you have difficulty obtaining these documents please contact the City s purchasing office at (417) The Owner reserves the right to reject any or all bids for a sound, documented reason. Each bidder shall file with his bid a bidder's bond for 5 percent of the total amount of the base bid made payable to the City of Nixa, hereinafter referred to as the Owner. The bidder to whom a contract is awarded will be required to furnish a performance bond and a payment bond on the forms provided to the City Nixa in the amount of 100 percent of the contract price in conformity with the requirements of the General Conditions. Wage rates paid on construction work for this project shall be at least equal to the prevailing wage rates as determined by the Missouri Department of Labor and Industrial Relations, Division of Labor Standards. The Contractor and his subcontractors will be obligated not to discriminate in employment practices. The nondiscrimination stipulations and wage rate determinations are included in the contract documents. No bidder may withdraw his bid within 60 days after the actual date of the opening thereof. MAYOR AND BOARD OF ALDERMAN CITY OF NIXA, MISSOURI A-1

3 CITY OF NIXA, MISSOURI WASTEWATER TREATMENT PLANT SECONDARY CLARIFIER LAUNDER COVER IMPROVEMENTS TABLE OF CONTENTS Table of Contents Subject Pages i-ii Advertisement for Bids A-1 Signature Page Statement of No Proposal Instructions to Bidders Required Affidavits and Documentation Affidavit of Compliance (Section R.S.Mo. Et Seq.) Affidavit of Compliance (Section R.S.Mo. Et Seq.) SP-1 SoNP-1 IB-1 - IB-4 RA-1 AoC-1 AoC-2 CONTRACT FORMS Bid Form Equipment Manufacturer Questionnaire Bid Bond Contract Agreement Performance Bond Payment Bond BF-1 - BF-4 EQ-1 BB-1 - BB-2 CA-1 - CA-5 PEB-1 -PEB-3 PAB-1 -PAB-3 Notice of Award NO- 1 Notice to Proceed NP- 1 Lien Waiver LW- 1 Release by Claimants RC- 1 i

4 CITY OF NIXA, MISSOURI WASTEWATER TREATMENT PLANT SECONDARY CLARIFIER LAUNDER COVER IMPROVEMENTS TABLE OF CONTENTS Subject Pages Affidavit of Compliance (Wage Rates) AC- 1 Missouri Wage Determination WR- 1 GC - General Conditions GC-1 - GC-48 DIVISION 1 - GENERAL REQUIREMENTS 1A - Supplementary Conditions 1A-1-1A-11 1B - General Material Stipulations 1B-1 1C - Measurement and Payment 1C-1 DIVISION 2 NOT REQUIRED DIVISION 3 3A Portland Cement Concrete 3A-1-3A-3 3B - Grouting 3B-1 DIVISION 4 NOT REQUIRED DIVISION 5 5A Structural & Miscellaneous Metal 5A-1-5A-3 5B Anchor Bolts & Expansion Anchors 5B-1 DIVISION 6 10 NOT REQUIRED DIVISION 11 - EQUIPMENT 11A Clarifier Launder Covers 11A-1-11A-4 DIVISION NOT REQUIRED ii

5 SIGNATURE PAGE Project: City of Nixa Waste Water Treatment Plant Secondary Clarifier Launder Cover Improvements MAILING INSTRUCTIONS: Print or type Bid Title and Due Date on the lower left hand corner of the envelope or package. Delivered sealed bids must be in Nixa Public Works (1111 W. Kathryn, Nixa, MO ) by the return date and time. The undersigned hereby offers to furnish and deliver the items and/or services as specified at the prices and terms stated in this document. The terms and conditions of this requirement are hereby incorporated in this document by reference as though fully set forth herein. The bidder further agrees that the language of this document shall govern in the event of a conflict with the bidder s quotation. The bidder further agrees that upon receipt of an authorized purchase order from the City of Nixa or when a Notice of Award is signed and issued by an authorized official of the City of Nixa, a binding contract shall exist between the bidder and the City of Nixa. LEGAL NAME OF ENTITY/INDIVIDUAL FILED WITH IRS FOR THIS TAX ID NO. DOING BUSINESS AS (DBA) NAME ADDRESS CITY, STATE, ZIP CODE TAXPAYER ID NUMBER (TIN) VENDOR TAX FILING TYPE WITH THE IRS (CHECK ONE) TYPE) TAX PAYER ID (TIN) TYPE (CHECK ONE) FEIN SSN (NOTE: LLC IS NOT A VALID TAX FILING Corporation Individual State/Local Government Partnership Sole Proprietor Other: CONTACT PERSON ADDRESS PHONE NUMBER FAX NUMBER AUTHORIZED SIGNATURE DATE PRINTED NAME TITLE Are you or a family member employed by the City of Nixa? Yes No If yes, name of employee: Relationship: Will you accept Purchase Orders? Yes No RETURN THIS PAGE SP-1

6 CITY OF NIXA STATEMENT OF NO PROPOSAL IF YOU DO NOT INTEND TO BID ON THIS REQUIREMENT, PLEASE COMPLETE AND RETURN THIS FORM PRIOR TO: TO: City of Nixa Mary Tronnes P.O. Box 395 Nixa, MO or Fax it to We the undersigned, have declined to bid on your proposal for: for the following reasons. Insufficient time to respond to invitation to bid. We do not offer this product/s or equivalent. Unable to meet specifications. Unable to meet insurance requirements. Our schedule would not allow us to perform. Specifications unclear (please explain below). Other (Please specify below). Remarks: Vendor Information: Company Name: Address: Signature and Title Telephone Number Date: SoNP

7 WASTEWATER TREATMENT PLANT SECONDARY CLARIFIER LAUNDER COVER IMPROVEMENTS FOR THE CITY OF NIXA, MO INSTRUCTIONS TO BIDDERS BIDS: Each bid shall be legibly written or printed in ink on the form provided in this bound copy of proposed contract documents. No alterations in the printed forms therefore, by erasures, interpolations, or otherwise, will be acceptable. No alterations in the Contractors bid will be acceptable unless each such alteration is signed or initialed by the bidder; if initialed, the Owner may require the bidder to identify any alteration so initialed. No alteration in any bid, or in the form on which it is submitted, shall be made after the bid has been submitted. All addenda to the contract documents, properly signed by the bidder, shall accompany the bid when submitted. Each bid shall be enclosed in a sealed envelope or wrapping, addressed to the Mayor and Board of Alderman, identified on the outside with the words, "Bid for Wastewater Treatment Plant Secondary Clarifier Launder Cover Improvements, for the City of Nixa, Missouri. No bidder may submit more than one bid on each contract. Multiple bids under different names will not be accepted from one firm or association. WITHDRAWAL OF BIDS: No bidder may withdraw his bid for sixty (60) days after the date and hour set for opening. A bidder may withdraw his bid at any time prior to expiration of the period during which bids may be submitted by a written request signed in the same manner and by the same person who signed the Bid Form. ACCEPTANCE AND REJECTION OF BIDS: The Owner reserves the right to accept the bid which is the lowest responsive bid from a responsible bidder; to reject any or all bids; and to waive irregularities or informalities in any bid. Bids received after the specified time of opening will be returned unopened. SIGNATURE OF BIDDERS: Each bidder shall sign the Bid Form using his usual signature and giving his full business address. Bids by partnerships shall be signed with the partnership name followed by the signature and designation of one of the partners or other authorized representative. Bids by corporations shall bear the corporate seal and shall be signed with the name of the corporation followed by the signature and designation of the president, secretary, or other person authorized to bind the corporation. Bids by joint ventures shall be signed by each participant in the joint venture or by an authorized agent of each participant. The names of all persons who affix to their signature the word "president", "secretary", "agent", or other designation without disclosing his principal may be held to be the bid of the individual signing. When requested by the Owner, evidence of the authority of the person signing shall be furnished. INTERPRETATION OF CONTRACT DOCUMENTS: If any person who contemplates submitting a bid is in doubt as to the true meaning of any part of the drawings, specifications, or other proposed contract documents, he may submit to the Engineer a written request for an interpretation thereof. The person submitting the request shall be responsible for its prompt IB-1

8 WASTEWATER TREATMENT PLANT SECONDARY CLARIFIER LAUNDER COVER IMPROVEMENTS FOR THE CITY OF NIXA, MO INSTRUCTIONS TO BIDDERS delivery. Interpretation of the proposed contract documents will be made only by addendum. A copy of each addendum will be mailed or delivered to each person obtaining a set of contract documents from the Engineer. The Owner will not be responsible for any other explanations or interpretations of the proposed contract documents. PROSECUTION OF WORK: Each bidder shall satisfy the Owner of his ability to complete the work within the allowable time set forth in the Bid Form. Attention is directed to the General and Supplementary Conditions relative to delays, extensions of time and liquidated damages. QUALIFICATION OF BIDDERS: Bidders may be required to submit evidence that they have a practical knowledge of the particular work bid upon and that they have the financial resources to complete the proposed work. Contract award will be made only to responsible contractors possessing the ability to perform successfully, which will be determined by considering such matters as contractor integrity, compliance with public policy, record of past performance, and financial and technical resources. Each bidder may be required to show that he has handled former work so that no just claims are pending against such work. No bid shall be accepted from a bidder who is engaged on any work which would impair his ability to perform or finance this work. EQUIVALENT MATERIALS AND EQUIPMENT: When manufacturers' names are used, they are used to establish a standard and the words "or equal", if not stated, are implied. Pursuant to the General Conditions, bidders are requested to submit for a review of equivalency, descriptions and product data of materials and equipment proposed to be substituted in lieu of those specified. Request for equivalency will be accepted only from the prime contractors. TAXES AND PERMITS: Attention is directed to the requirements of the Supplementary Conditions regarding payment of taxes and obtaining permits. BOUND COPY OF CONTRACT DOCUMENTS: The Bid Form and other pertinent pages may be removed from the bound copy of contract documents. The copy of bid documents filed with each bid shall be complete and shall include all required items and all addenda. COPIES OF DRAWINGS AND SPECIFICATIONS: Project drawings, specifications and related bidding documents are available on-line at or by calling Demandstar by Onvia at (800) If you have difficulty obtaining these documents please contact the City s purchasing office at (417) The Contractor to whom a contract is awarded will be furnished, without cost to him, six (6) sets of drawings, together with all addenda thereto. This does not affect the original non-refundable plan deposit. Additional copies of the drawings and specifications may be obtained from the Engineer. IB-2

9 WASTEWATER TREATMENT PLANT SECONDARY CLARIFIER LAUNDER COVER IMPROVEMENTS FOR THE CITY OF NIXA, MO INSTRUCTIONS TO BIDDERS INSURANCE: Attention is directed to the requirements of the Supplementary Conditions herein. The Contractor is required to carry insurance and to file Certificates of Insurance acceptable to the Owner prior to the commencement of work. PAYMENT: Attention is directed to the provisions of General and Supplementary Conditions regarding partial payment to the Contractor for all work performed. INQUIRIES: Inquiries regarding this Advertisement, prior to bid opening, should be addressed to Shaffer & Hines, Inc. Consulting Engineers, P.O. Box 493, Nixa, Missouri, Inquires for which oral explanation or advice will suffice or concerning mailing of plans and specifications should be made by calling the Engineer at (417) BASIS OF AWARD: The low bidder, for purposes of award, shall be the lowest responsive, responsible bidder. PREVAILING WAGE: The Contractor to whom a contract is awarded shall be required to pay prevailing wages as established by the Missouri Department of Labor and Industrial Relations, Division of Labor Standards. A copy of the prevailing wage rates will be issued with these contract documents or by addendum. LOCAL CONDITIONS AFFECTING WORK: Each bidder shall visit the site of the work and shall completely inform themselves relative to construction hazards and procedure, labor and all other conditions and factors, local and otherwise, which would affect prosecution and completion of the work and its cost. Such considerations shall include the arrangement and condition of existing structures and facilities, the procedure necessary for maintenance of uninterrupted operation of existing facilities, the availability and cost of labor and facilities for transportation, handling and storage of materials and equipment. All such factors shall be properly investigated and considered in the preparation of the bid. There will be no subsequent financial adjustment for lack of such prior information. REGARDING SECTIONS THROUGH RSMO, EFFECTIVE JANUARY 1, 2009 AND SECTION RSMO, EFFECTIVE AUGUST 28, 2009: Effective January 1, 2009 and pursuant to the State of Missouri s RSMO (1), No business entity or employer shall knowingly employ, hire for employment, or continue to employ an unauthorized alien to perform work within the state of Missouri. As a condition for the award of any contract or grant in excess of five thousand dollars by the state or by any political subdivision of the state (e.g., Christian County, Mo.) to a business entity, the business entity (Company) shall, by sworn affidavit and provision of documentation, affirm its enrollment and participation in a federal work authorization program with respect to the employees working in connection with the contracted services. Every such business entity shall sign an affidavit affirming that it does not knowingly employ any person who is an unauthorized alien in connection with the contracted services. [RSMO (2)] IB-3

10 WASTEWATER TREATMENT PLANT SECONDARY CLARIFIER LAUNDER COVER IMPROVEMENTS FOR THE CITY OF NIXA, MO INSTRUCTIONS TO BIDDERS RSMO pertains to all solicitations for services over $5,000. RSMO does not apply to solicitations for commodities only. If a solicitation is for services and commodities, RSMO applies if the services portion of the solicitation is over $5,000. Effective August 28, 2009 and pursuant to the State of Missouri s RSMO , Contractors and subcontractors who sign a contract to work on public works projects must provide a 10-hour OSHA construction safety program, or similar program approved by the Department of Labor and Industrial Relations, to be completed by their on-site employees within sixty (60) days of beginning work on the construction project. Contractors and subcontractors in violation of this provision will forfeit to the public body $2,500 plus $100 a day for each employee who is employed without training. Public bodies and contractors may withhold assessed penalties from the payment due to those contractors and subcontractors. In order to comply with sections through RSMO, the City requires the following bid and contract documents. IB-4

11 REQUIRED AFFIDAVITS AND DOCUMENTATION 1. Required Affidavit for Service Contracts over $5, (US) Effective 1/1/2009, Company shall comply with the provisions of Section through R.S.Mo. Contract award is contingent on Company providing an acceptable notarized affidavit stating: a. That the Company is enrolled in and participates in a federal work authorize program with respect to the employees working in connection with the contracted services; and b. That the company does not knowingly employ any person who is an unauthorized alien in connection with the contracted services. 2. Required Affidavit for any Public Works Project Contract Effective 08/28/2009, Company shall comply with the provisions of Section R.S.Mo. Within 60 days of issuance of Notice to Proceed, Company shall provide an acceptable notarized affidavit stating that the Company has verified the completion of a 10-hour construction safety program with respect to the employees working in connection with the contracted services. 3. Additionally, Company must provide documentation evidencing current enrollment in a federal work authorization program (e.g electronic signature page from E-Verify program s Memo of Understanding (MOU). The City of Nixa encourages companies that are not already enrolled and participating in a federal work authorizing program to do so. E-Verify is a sample of this type of program. Information regarding E- Verify is available at: E-Verify Contact information: Website: Phone: e-verify@dhs.gov If you have any questions, please contact the City Purchasing department at RA-1

12 Affidavit of Compliance with Section R.S.Mo., Et Seq. For all Agreements in excess of $5, Effective January 1, 2009 STATE OF ) ) ss. COUNTY OF ) Before me, the undersigned Notary Public, in and for the County of, State of, personally appeared (Name) who is (Title) of (Name of company),(a corporation), (a partnership), (a sole proprietorship), (a limited liability company), and is authorized to make this affidavit, and being duly sworn upon oath deposes and says as follows: (1) that said company is enrolled in and participates in a federal work authorization program with respect to the employees working in connection with the contracted services; and (2) that said company does not knowingly employ any person who is an unauthorized alien in connection with the contracted services. The terms used in this affidavit shall have the meaning set forth in Section R.S.Mo., et seq. Documentation of participation in a federal work authorization program is attached to this affidavit. Signature Name: Subscribed and sworn to before me this day of,. My commission expires: Notary Public AoC-1

13 Affidavit of Compliance with Section R.S.Mo., Et Seq. For any Public Works Project Contract Effective August 28, 2009 STATE OF ) ) ss. COUNTY OF ) Before me, the undersigned Notary Public, in and for the County of, State of, personally appeared (Name) who is (Title) of (Name of company),(a corporation), (a partnership), (a sole proprietorship), (a limited liability company), and is authorized to make this affidavit, and being duly sworn upon oath deposes and says as follows: (1) That said company has verified the completion of a 10-hour construction safety program with respect to the employees working in connection with the contracted services. The terms used in this affidavit shall have the meaning set forth in Sections R.S.Mo., et seq. Signature Name: Subscribed and sworn to before me this day of,. My commission expires: Notary Public AoC-2

14 WASTEWATER TREATMENT PLANT SECONDARY CLARIFIER LAUNDER IMPROVEMENTS FOR THE CITY OF NIXA, MO BID FORM Before completing and executing the following Bid Form, each Bidder shall examine the Bidding Requirements, Contract Forms, Supplementary Conditions, Specifications, Drawings, and other proposed Contract Documents, and all Addenda thereto; and shall be acquainted with and fully understanding (1) the extent and character of the work covered by this Bid Form; (2) the location, character and condition of existing roads, streets, highways, railroads, pavements, surfacing, walks, driveways, curbs, gutters, trees, sewers, utilities, drainage courses and structures, and other installations, both surface and underground, which may affect or be affected by the proposed work; (3) the location, arrangement, and specified requirements of the proposed work; (4) the nature and extent of excavations to be made, and the type, character, and general condition of materials to be excavated; (5) the necessary handling and rehandling of excavated materials, including construction of fills and embankments; (6) the location and extent of necessary or probable dewatering requirements; (7) the difficulties and hazards to the work which might be caused by storm or flood water; (8) local conditions relative to labor, transportation, hauling, and rail delivery facilities; and (9) all other factors and conditions affecting or which may be affected by the work. Each bidder shall hereby propose to furnish all materials, equipment, supplies, and appurtenances, to provide all construction equipment and tools; to perform all necessary labor and supervision; and to construct, install, erect, equip, and complete all work stipulated in, required by, and in accordance with the proposed contract documents and the drawings, specification, and other documents referred to therein (as altered, amended or modified by addenda) at the unit or lump sum prices stated on the following next pages. Equipment/materials proposed by the bidder and equipment/materials provided shall meet or exceed the requirements of the specifications, drawings and other contract documents in the opinion of the Owner and Engineer. The listing of manufacturers in the specifications and plans is intended to establish a standard and the words or equal if not stated are implied. The naming of a manufacturer in the specifications, plans, addendums, and other contract documents does not constitute a waiver of the specifications or other requirements by that manufacturer, but does recognize the general understanding that the named manufacturer can produce a product meeting the intent of the plans and specifications and may be utilized by the Contractor for bidding in addition to any other manufacturers approval. As equipment/material brands or types may exist which are equals to the equipment/material requirements indicated, but which may not be familiar to the Engineer or Owner, an invitation is extended to the Bidder/Contractor to submit any currently unnamed equipment they may desire to use for consideration. In order that the Engineer or Owner may determine if the proposed equipment is satisfactory, and in addition to any other requirements of these specifications, the bidder shall submit two sets of a detailed list of the equipment/material proposed to the Engineer for review no less than 10 days prior to the bid date and in conformance with the specific specifications stated herein related to that equipment. BF-1

15 WASTEWATER TREATMENT PLANT SECONDARY CLARIFIER LAUNDER IMPROVEMENTS FOR THE CITY OF NIXA, MO BID FORM The Owner reserves the right to reject any proposed equipment/material which does not meet any of the specified requirements and reserves the right to require provision of equipment meeting all the specifications without a change in the bid price. Each Bidder shall include in his/her bid prices any paid up licenses, patent fees or other costs necessary for the use of the equipment and provided materials, if required by the manufacturer. Each Bidder shall fully and accurately complete the following Bid Form and shall provide a unit price (where applicable) and a total price for each item shown. Prices provided shall include all labor, materials, overhead, profit, insurance, mobilization, license fees, and other costs, considerations, and requirements as indicated in the plans, specifications, and other contract documents. Attention of the Bidder is directed to the Instructions to Bidders and Measurement and Payment Sections of the Specifications and Contract Documents in addition to the other contract documents, specifications and construction plans. Execution of this Bid Form by the Bidder affirms the Bidder s acceptance and understanding thereof. BF-2

16 WASTEWATER TREATMENT PLANT SECONDARY CLARIFIER LAUNDER IMPROVEMENTS FOR THE CITY OF NIXA, MO BID FORM 1.0 Secondary Clarifier Effluent Launder Improvements at the existing 105 Diameter Clarifiers: Lump sum price to provide an internal structural support system and clarifier effluent covers as generally described by the contract drawings and specifications, including the provision of all other appurtenances, fasteners/welds with all costs associated with mobilization, supervision, coordination, shipping, materials, equipment, labor and services. Lump Sum Price in Numeric Dollars and Cents $. (Lump Sum Price In Words) TOTAL BASE BID FOR BID ITEMS #1 Price in Numeric Dollars and Cents $ Price in Words: AWARD OF CONTRACT It is intended that one contract will be entered into by the City of Nixa. The lowest responsive, responsible total base bid indicated above for all bid items shall be the basis for the establishment of the apparent low bidder. BF-3

17 WASTEWATER TREATMENT PLANT SECONDARY CLARIFIER LAUNDER IMPROVEMENTS FOR THE CITY OF NIXA, MO BID FORM Unless otherwise agreed to the undersigned bidder agrees to enter into a contract within ten (10) days after acceptance of this bid, and further agrees to complete all work covered by the bid, in accordance with specified requirements within 90 days of the date on the Notice to Proceed. No bid may be withdrawn for 60 days after the bid opening. Dated on this day of, 20. SIGNATURE OF BIDDER If an Individual:, doing business as. If a Partnership: by, partner. If a Corporation: by Title (SEAL) BF-4

18 WASTEWATER TREATMENT PLANT SECONDARY CLARIFIER LAUNDER COVER IMPROVEMENTS FOR THE CITY OF NIXA, MO EQUIPMENT MANUFACTURERS QUESTIONNAIRE Each bidder shall enter in the spaces provided the names of the manufacturers of equipment which he proposes to furnish. Upon award of a contract, the named equipment shall be furnished. All named equipment must meet specifications as stated herein. Alternate manufacturer s equipment will be permitted only if proposed equipment manufacturer is unable to meet delivery requirements of the construction schedule. Preliminary acceptance of equipment listed by manufacturer s name shall not in any way constitute a waiver of the specifications covering such equipment; final acceptance will be based on full conformity with the specifications covering the equipment. When manufacturer s names are used, they are used to establish a standard and the words or equal, if not stated, are implied. Bidders are requested to submit for a review of equivalency, descriptions and product data of materials and equipment proposed to be substituted in lieu of those specified. Request for equivalency will be accepted only from the prime contractors and such requests shall be submitted not less than 10 days prior to bid opening. An addendum will be issued one week prior to the bid date to identify the manufacturers of the approved equipment. Contractor shall refer to section 6 of the General Conditions for additional information. Failure to furnish all information requested in the Questionnaire may be cause for rejection of the bid. Bid Item Proposed Manufacturer 1. Clarifier Launder Covers EQ-1

19 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, as Principal, and as Surety, are hereby held and firmly bound unto the City of Nixa, Missouri as OWNER in the penal sum of for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors and assigns. Signed, this day of, 20. The condition of the above obligation is such that whereas the principal has submitted to a certain BID, attached hereto and hereby made a part hereof to enter into a CONTRACT in writing, for providing secondary clarifier launder covers at the City s existing wastewater treatment plant. NOW, THEREFORE, (a) If said BID shall be rejected or (b) IF said BID shall be accepted and the Principal shall execute and deliver a CONTRACT in the Form of Contract attachment hereto (properly complete in accordance with said BID) and shall furnish a BOND for faithful performance of said CONTRACT, and for the payment of all persons performing labor furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said BID then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its Bond shall be in no way impaired of affected by an extension of the time within which the OWNER may accept such BID; and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, The Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. (L.S.) Principal Surety By: BB-1

20 BID BOND IMPORTANT Surety companies executing Bonds must appear on the Treasury Department s most current list (Circular 570 as amended) and be authorized to transact business in the state where the project is located. BB-2

21 CONTRACT AGREEMENT THIS AGREEMENT is dated as of the day of in the year 2015, by and between THE CITY OF NIXA hereinafter called (Owner) and hereinafter called (Contractor) OWNER and CONTRACTOR, in consideration of the mutual covenants hereafter set forth agree as follows: Article 1: WORK CONTRACTOR shall complete all work as specified or indicated in the Contract Documents. The work is generally described as follows: Article 2: ENGINEER WASTEWATER TREATMENT PLANT SECONDARY CLARIFIER LAUNDER IMPROVEMENTS FOR THE CITY OF NIXA, MISSOURI The project has been designed by SHAFFER & HINES, INC. P.O. Box 493, Nixa, Missouri, who is hereinafter called ENGINEER and who will assume all duties and responsibilities and will have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the work in accordance with the Contract Documents. Article 3: CONTRACT TIME 3.1 The work will be substantially completed within 75 days after the date when the Contract Time commences to run, in accordance with Article 14 Paragraph 8 of the General Conditions, and completed and ready for final payment in accordance with Article 14 Paragraph 13 of the General Conditions within 90 days after the date when the contract time commences to run. 3.2 Liquidated Damages: OWNER AND CONTRACTOR recognize that time is of the essence of this Agreement, and that OWNER will suffer financial loss if the work is not substantially complete within the time specified in paragraph 3.1, above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal or arbitration proceeding that actual loss suffered CA-1

22 CONTRACT AGREEMENT by OWNER if the work is not substantially complete on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER One Hundred and Fifty dollars ($150.00) for each day that expires after the time specified in paragraph 3.1 for substantial completion until the work is substantially complete. Article 4: CONTRACT PRICE 4.1 OWNER shall pay CONTRACTOR for performance of the work in accordance with the Contract Documents in current funds as follows: XXX Dollars and No Cents ($XXX.00) Article 5: PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1 Progress Payments: OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR'S Application for Payment as recommended by ENGINEER, on or about the 1st day of each month during construction as provided below. All progress payments will be on the basis of the progress of the work measured by the schedule of values provided for in Article 14, Paragraph 1 of the General Conditions Prior to Substantial Completion progress payments will be in an amount equal to: 90 % of the work completed Upon Substantial Completion, OWNER shall pay an amount sufficient to increase total payments to CONTRACTOR to 95% of the Contract Price in accordance with Paragraph 8 of the General Conditions, less such amounts as ENGINEER shall determine in accordance with Article 14 Paragraph 7 of the General Conditions. 5.2 Final Payment: Upon final completion and acceptance of the work in accordance with Article 14, Paragraph 13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said Article 14 Paragraph 13. Article 6: INTEREST All monies not paid when due hereunder shall bear interest at the maximum rate allowed by law at the place of the project in accordance with Article 14, Paragraph 4 of the General Conditions. CA-2

23 CONTRACT AGREEMENT Article 7: CONTRACTOR'S REPRESENTATIONS In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 7.1 CONTRACTOR has familiarized himself with the nature and extent of Contract Documents, work, locality, and with all local conditions and federal, state, and local laws, ordinances, rules and regulations that in any manner may affect cost, progress or performance of the work. 7.2 CONTRACTOR has studied carefully all reports of investigations and tests of subsurface and latent physical conditions at the site or otherwise affecting cost, progress or performance of the work which were relied upon by ENGINEER in the preparation of the Drawings and Specifications and which have been identified in the Supplementary Conditions. 7.3 CONTRACTOR made or caused to be made examinations, investigations and tests and studies of such reports and related data in addition to those referred to in paragraph 7.2 as deemed necessary for the performance of the work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents; and no additional examination, investigations, tests reports or similar data are or will be required by CONTRACTOR for such purposes. 7.4 CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports, and data with the terms and conditions of the Contract Documents. 7.5 CONTRACTOR has given ENGINEER written notice of all conflicts, error or discrepancies that he had discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. Article 8: CONTRACT DOCUMENTS The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR are attached to the AGREEMENT, made a part hereof and consists of the following: 8.1 This Agreement (page CA-1 - CA-5, inclusive). 8.2 Exhibits to this Agreement (pages to, inclusive). 8.3 Performance & Payment Bonds in the amount of 100 percent of the project cost (pages PEB- 1 to PEB-3 and PAB-1 to PAB-3) 8.4 Supplementary Conditions (pages 1A-1 to 1A-12, inclusive). CA-3

24 8.5 Construction drawings bearing the title: CONTRACT AGREEMENT WASTEWATER TREATMENT PLANT SECONDARY CLARIFIER LAUNDER IMPROVEMENTS FOR THE CITY OF NIXA, MISSOURI 8.6 Addenda numbers, inclusive. 8.7 Contractor's bid (pages BF-1 through BF-4 inclusive). 8.8 Any modifications, including Change Orders, duly delivered after execution of Agreement. There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be altered, amended or repealed by a Modification (as defined in Article 3 of the General Conditions. 8.9 General Conditions Article 9: MISCELLANEOUS 9.1 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation, monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.2 CONTRACTOR shall retain all required records for three years after the latter of OWNER (grantee) making final payment or all other pending matters are closed. 9.3 OWNER and CONTRACTOR each binds himself, his partners, successors, assigns and legal representatives to the other party hereto, his partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. CA-4

25 CONTRACT AGREEMENT IN TESTIMONY WHEREOF, the Contractor has hereunto set his hand and seal, and the City of Nixa executes this contract by its City Manager. THE CITY OF NIXA, MISSOURI By: Brian Steele, Mayor CONTRACTOR By: Approved as to form: D. Patrick Sweeney, City Attorney CERTIFICATE OF FINANCIAL OFFICER I certify that this contract is within the purpose of the appropriation to which it is to be charged and that there is an unencumbered balance to the credit of such appropriation sufficient to pay therefore, and that the appropriate accounting entries have been made. Donna Swatzell, Financial Officer CA-5

26 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: that (Name of Contractor) (Address of Contractor) a, hereinafter called (Corporation, Partnership, or Individual) principal, and (Name of Surety) (Address of Surety) hereinafter called Surety, are held and firmly bound unto (Name of Owner) (Address of Owner) hereinafter called Owner, in penal sum of Dollars, $( ) in lawful money of the United States, for payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the Owner, dated the day of, 20, a copy of which is hereto attached and made a part hereof for the construction of: PEB-1

27 NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety and during the one year guaranty period, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the OWNER from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect. IMPORTANT: Surety companies executing BONDS must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the state where the project is located. Bonds shall be executed with the proper sureties, through a company licensed to operate in the State of Missouri, and named on the current list of "Surety Companies Acceptable on Federal Bonds" as published in Circular 570 by the Audit Staff Bureau of Accounts, U.S. Treasury Department. PROVIDED, FURTHER, that the said surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to WORK to be performed hereunder or the SPECIFICATIONS accompanying the same shall in any way affect its obligation on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the WORK or to the SPECIFICATIONS. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. PEB-2

28 IN WITNESS WHEREOF, this instrument is executed in (Number) counterparts, each one of which shall be deemed an original, this the, 20. day of ATTEST: Principal By (s) (Principal Secretary) (SEAL) (Witness as to Principal) (Address) (Address) ATTEST: Surety (Surety) Secretary (SEAL) Witness as to Surety (Address) By Attorney-in-Fact (Address) NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. PEB-3

29 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: that (Name of Contractor) (Address of Contractor) a, hereinafter called (Corporation, Partnership, or Individual) Principal, and (Name of Surety) (Address of Surety) hereinafter called Surety, are held and firmly bound unto (Name of Owner) (Address of Owner) hereinafter called OWNER, in the penal sum of Dollars, ($ ), in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contact with the OWNER dated the day of, 20, a copy of which is hereto attached and made a part hereof for the construction of: PAB-1

30 NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, SUBCONTRACTORS, and corporations furnishing materials for or performing labor in the prosecution of the WORK provided for in such contract, any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such WORK, and all insurance premiums on said WORK, and for all labor, performed in such WORK whether by SUBCONTRACTOR or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. IMPORTANT: Surety companies executing BONDS must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the state where the project is located. Bonds shall be executed with the proper sureties, through a company licensed to operate in the State of Missouri, and named on the current list of "Surety Companies Acceptable on Federal Bonds" as published in Circular 570 by the Audit Staff Bureau of Accounts, U.S. Treasury Department. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the WORK to be performed thereunder or the SPECIFICATIONS accompanying the same shall in any way affect its obligation on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the WORK or to the SPECIFICATIONS. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. PAB-2

31 IN WITNESS WHEREOF, this instrument is executed in (Number) counterparts, each one of which shall be deemed an original, this the day of, 20. ATTEST: (Principal Secretary) (Principal) (SEAL) By (s) (Address) Witness as to Principal Address ATTEST: Surety By Attorney-in-Fact Witness as to Surety Address Address NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. PAB-3

32 NOTICE OF AWARD TO: Contractor Project Description: Wastewater Treatment Plant Secondary Clarifier Launder Improvements for the City of Nixa, Missouri. The Owner has considered the Bid submitted by you for the above described Work in response to its advertisement for bids dated, 2015 and Instructions to Bidders. You are hereby notified that your Bid has been accepted for items in the amount of: ($xx.00) You are required by the Instructions to Bidders to execute the Agreement and furnish the required contractor's performance bond, payment bond and Certificates of Insurance within ten (10) calendar days from the date of this Notice to you. If you fail to execute said Agreement and to furnish said Bonds within ten (10) days from the date of this Notice, said Owner will be entitled to consider all your rights arising out of the Owner's acceptance of your Bid as abandoned and as a forfeiture of your Bid Bond. The Owner will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this Notice of Award to the Owner. Dated this day of, ACCEPTANCE OF NOTICE Owner: City of Nixa, Missouri By: Gary W. Shaffer, P.E. Title: Civil Engineering Consultant The Receipt of the above Notice of Award is hereby acknowledged by This the day of, 20. By Title NA-1

33 NOTICE TO PROCEED TO: Contractor Project Description: Wastewater Treatment Plant Secondary Clarifier Launder Improvements for the City of Nixa, Missouri You are hereby notified to commence Work in accordance with the Agreement dated, 2015 on or before, 2015, and you are to complete the Work within 90 consecutive calendar days thereafter. The date of completion of all work is therefore, You are required to return an acceptance of this Notice to Proceed to the Owner. Dated this day of, Owner: City of Nixa, Missouri By: Gary W. Shaffer, P.E. Title: City s Consulting Engineer ACCEPTANCE OF NOTICE The Receipt of the above Notice to Proceed is hereby acknowledged by This the day of, 20. By Title NP-1

34 LIEN WAIVER Date To: Re: City of Nixa, Missouri Wastewater Treatment Plant Secondary Clarifier Launder Improvements Dear Sir: I certify that I have paid in full for all materials purchased and all labor employed in the performance of this contract, and that there are no claims against me as an employer under this contract on account of injuries sustained by workmen employed by me thereunder. I hereby release you from any claims arising by virtue of this contract. I am attaching form "Release by Claimant" signed by all persons from whom I have purchased materials and by all persons employed in connection with my contract with the above named owner. Contractor LW-1

35 DATE STATE COUNTY OF WHEREAS, we the undersigned have been employed by to furnish for the construction project known as: RELEASE BY CLAIMANTS City of Nixa, Missouri Wastewater Treatment Plant Secondary Clarifier Launder Improvements NOW, THEREFORE, know ye, that I (we) the undersigned for and in consideration of the sum of (words) (Numbers) $. and other good and valuable considerations, the receipt whereof is hereby acknowledged, do hereby waive and release any and all lien, and claim, or right to lien, on said construction project and premises under the statutes of the State of relating to Mechanic's liens, on account of labor, or materials, or both, furnished by for said construction project and premises. Given under our hands and seals this day of, 20. Signature WITNESS: My Commission Expires RC-1

36 AFFIDAVIT OF COMPLIANCE I, the undersigned, the duly authorized and acting legal representative of, do hereby certify that the prevailing hourly wage law as set forth by the Industrial Commission of Missouri, Department of Labor and Industrial Relations, for project No., wage determination No. dated, has been fully complied with as contained in Sections thru , RSMo as amended SEAL STATE OF COUNTY OF By Title On this day of, 20, before personally appeared to me known to be the persons described in and who executed the foregoing instrument. In testimony whereof, I have hereunto set my hand and affixed my Seal at in County,, the day and year first above written. My term expires SEAL (Notary Public) AC-1

37 EMPLOYMENT REQUIREMENTS AND WAGE RATES R-1 GENERAL: This contract shall be based upon payment by the Contractor and his subcontractors of wage rates not less than the prevailing hourly wage rate for each craft or classification of workman engaged on the work. Prevailing wage rates shall be as determined by the Industrial Commission of Missouri. The Contractor and his subcontractors shall comply with all requirements of the prevailing wage law of Missouri, Revised Statutes of Missouri, Sections to ; and with the regulations set forth on the Labor Standards page which follows. The prevailing wage laws do not prohibit payment of more than the prevailing rate of wages nor do they limit the hours of work which may be performed by any workman in any particular period of time. R-2 RECORDS: The Contractor and each subcontractor shall keep an accurate record showing the names, occupations, and crafts of all workmen employed, together with the number of hours worked by each workman and the actual wages paid to each workman. At all reasonable hours, such records shall be open to inspection by authorized representatives of the Industrial Commission of Missouri, and the Owner. The payroll records shall not be destroyed or removed from the state for at least one year after completion of the work. R-3 NOTICES: Throughout the life of this contract, copies of the wage determinations, the rules promulgated by the Industrial Commission of Missouri, and the Labor Standards shall be displayed in at least four conspicuous places on the project under a heading of NOTICE with the heading in letters at least one inch high. R-4 PENALTY: Pursuant to Section RSMo. the Contractor shall forfeit to the Owner as a penalty, ten dollars for each workman employed, for each calendar day, or portion thereof, such workman is paid less than the stipulated rates for any work done under the contract, by him or by any subcontractor under him. R-5 AFFIDAVIT OF COMPLIANCE: After completion of the work and before final payment can be made under this contract, the Contractor and each subcontractor must file with the Owner an affidavit stating that he has fully complied with the provisions and requirements of the prevailing wage law of Missouri, Sections to RSMo., and with the regulations set forth in the Labor Standards. R-6 WAGE DETERMINATIONS: During the life of this contract, the prevailing hourly rate of wages is subject to change by the Industrial Commission of Missouri or by court decision, as provided by law. Any such change shall not be the basis of any claim by the Contractor against the Owner nor will deductions be made by the Owner against sums due the Contractor by reason of any such change. Wage rate determinations will be obtained by the Owner from the Industrial Commission of Missouri. WR-1

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